Elements of a DWI
North Carolina creates driving while impaired (DWI), also known as driving under the influence (DUI), as a criminal offense under N.C.G.S. § 20-138.1. To prove you are driving while impaired, the State must show, beyond a reasonable doubt, that you:
1) Drove a vehicle on “any highway, any street, or any public vehicular area” within North Carolina
2) While under the influence of an impairing substance (e.g., alcohol, illegal dug, or prescription drug), having a blood alcohol concentration of .08 or more, or with any amount of a Schedule I Controlled substance.
Civil Revocation
When you are first charged with DWI, the North Carolina DMV will suspend your license immediately for 30 days if you refused to submit to a breath/blood test or registered a .08 or more on the test. While you may request a limited privilege to drive during the last 20 days of this suspension, you may also fight to have your full driving privileges restored immediately.
If you want your full driving privileges restored, you must schedule a hearing within 10 days. Otherwise, you can only request a driving privilege after completing a substance abuse assessment.
If you have an out of state license, you may be entitled to receive your physical license back immediately, but will still be subject to North Carolina’s restrictions for driving within the state.
Trial or Plea
This stage of the DWI process concerns reviewing the facts and circumstances of your specific case and deciding the best route for your defense. We will gather as much information as possible, including your breath/blood results, field sobriety tests, police car/body videos, officer/witness notes, and any other information available for your case. All of this information will be important in deciding the best action to take in your case.
If your case is dismissed or you are found not guilty, you may wish to have the charge(s) expunged from your record.
Sentencing
If you plead or are found guilty of driving while impaired, the judge will impose a sentence determined by the North Carolina Sentencing Guidelines. The judge will weigh factors surrounding your offense to place you into a specific category called a Punishment Level. The Punishment Level determines everything from the amount of fines you pay to time in jail and whether your sentence can be suspended.
Upon conviction of your first DWI offense, you will also lose your privileges to drive for a period of one year. During this time, you can request a privilege to drive for work, school, religious, and household maintenance purposes.
Out of State License
If you have an out of state license and receive a DWI in North Carolina, you will be subject to the laws of North Carolina and your home state’s DWI laws as they apply to out of state DWI convictions. This means that you will be suspended from driving in North Carolina upon conviction and subject to further suspension and penalties in your home state. If you have a South Carolina license, you will be subject to suspension in both North and South Carolina as well as be required to complete an assessment in both states to have your driving privileges restored. More information about receiving a DWI in North Carolina with a South Carolina License can be found in our Receiving a North Carolina DWI with a South Carolina Driver’s License page.